1 2025:CGHC:789 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8263 of 2024 1. Satyam Kumar Satnami S/o Gudduram Satnami Aged About 26 Years. 2. Ranbir Patle S/o Santosh Patle Aged About 22 Years. Both are R/o Village Sundareli, Police Station Nagarda, District Sakti, C.G. ... Applicants versus State of Chhattisgarh Through - The Station House Officer, Police Station Champa, District Janjgir- Champa, C.G.. --- Respondent For Applicants : Mr. Vivek Singhal, Advocate For Respondent/State : Ms. Sunita Sahu, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.410/2024, registered at PS – Champa, District Janjgir- Champa, (C.G.), for commission of offence punishable under Sections 137 (2), 96, 64(2) (E) read with Section 3(5) of the BNS and Section 04, 06, 17 & 18 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that on 27.09.2024, mother of the victim/prosecutrix lodged missing report before concerned Police Station, based upon which, FIR was registered for offence under Section 137(2) of the BNS. During course of investigation, prosecutrix was recovered on 2 03.09.2024 from the possession of main accused Shivam Miri. Her statement was recorded under Section 161 of Cr.P.C and based upon which, applicants were arrested in the aforementioned crime/offence. 3. Learned counsel for the applicants submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. There is love affair between the victim and the main accused Shivam Miri. As Shivam belongs to other caste, therefore, parents of victim compel to the victim for lodging of the complaint. There is no evidence/material available on record to connect the applicants in the alleged crime/offence. If the case of the prosecution is taken as it is, the allegation against the applicants is that they have helped the main accused in commission of crime/offence. Applicants are in jail since 30.09.2024, charge sheet has been filed, conclusion of trial may take some time, hence, they may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicants and would submit that there is specific allegation against the applicants of committing the aforementioned crime/offence, hence, they are not entitled for grant of bail. As per mark- sheet and Dakhil-Kharij-Register, at the time of alleged incident, victim was minor aged about 15 years and 09 months. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her father appeared before this Court by virtual mode from the concerned DLSA. She raised strong objection in granting bail to applicants. Her submission is recorded. 7. Victim in her statement recorded under Section 164 of Cr.PC has stated that she alongwith her aunt (Rajeshwari Yadav) went with the main accused Shivam Miri on his motorcycle to Raigarh, where they stayed at 3 the house of applicant No.2/Ranbir Patle. 8. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that there was love affair between the victim and the main accused Shivam Miri, particularly statement of victim recorded under Section 164 of Cr.P.C, further the fact that allegation against applicant No.2 is only that he assisted the main accused Shivam Miri and victim as he has given shelter to them in his house, further considering that there is no evidence to show that applicants have tampered with the witnesses, period of detention of applicants ie since 30.09.2024, charge-sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this bail application. 9. Accordingly, bail application is allowed. It is directed that applicants shall be released on regular bail, on their furnishing a bail bond in sum of Rs.10,000/- each with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. b) Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicants shall appear before trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.